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Murder: Cases
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Many states use the California definition of implied malice to describe an unintentional killing that is charged as murder because the defendant intended to do serious bodily injury or acted with extreme recklessness. For example, if an aggressor punches a victim in the nose, intending only to injure the victim's face, the aggressor may be charged with murder if the victim dies from the blow. The infliction of serious bodily injury becomes the equivalent of an intent to kill when the victim dies. Although the aggressor did not have the express desire to kill the victim, the aggressor in such a case would not be charged with assault, but murder. To understand why, it is helpful to consider the alternative. When a person dies at the hands of an aggressor, it does not sit well with the public conscience to preclude a murder charge simply because the aggressor intended only to do serious bodily injury.
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According to Vremya Novostey's information, one of the main suspects in the murder case of Paul Klebnikov , editor-in-chief of Forbes' Russian edition, has been detained in Minsk. A man by the name of Kazbek, carrying ID papers with three different names, is believed to have masterminded the attack on the prominent journalist in July.
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Insanity is another defense to a murder charge. If a defendant was suffering from such a defect of the mind that she did not know what she was doing, or she did not know that what she was doing was wrong, she may be found not guilty by reason of insanity. In some states the defendant may be found guilty but mentally ill. In either case the result is the same: the defendant is confined to a mental institution instead of a prison.
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An experienced and aggressive criminal law attorney will use numerous defenses in a murder case to improve its outcome. Murder defenses that may be used in a trial include: self-defense, insufficient proof or evidence, factual innocence, insanity, and more.
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